Terms & Conditions

1.

DEFINITIONS

1.1

“Agreement” means the “Wedding Service Purchase Agreement” between NCHK and the Clients for the provision of the Services (as defined hereinbelow) incorporating this T&C.

1.2

“Application” means making application for Marriage Licence or Marriage Certificate (as defined hereinbelow) at other jurisdictions, including but not limited to the Utah County of the U.S.A., which is one of the Services (as defined hereinbelow) to be provided by NCHK upon request by the Clients and subject to the Agreement and this T&C.

1.3

“Client” or “Clients” mean(s) any person who purchases the Service(s) (as defined hereinbelow) from NCHK and named in the Agreement.

1.4

“Force Majeure” means acts, events, omissions or accidents beyond the reasonable control of NCHK, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of NCHK or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

1.5

“Function” means the activity to which NCHK provides the Service(s) (as defined hereinbelow) to the Clients.

1.6

“Function Date” means the agreed date(s) that the Function is held.

1.7

“Invoice” means the document issued by NCHK which details the Service(s) (as defined hereinbelow) agreed to be provided by NCHK, the specific requirements of the Clients as agreed during the consultation process, and/or any additional requirements requested by the Clients and agreed to be provided by NCHK.

1.8

“Marriage Licence” or “Marriage Certificate” means the marriage licence or marriage certificate issued by the relevant authority of other jurisdictions as mentioned or specified in the Agreement, either in physical or electronic form.

1.9

“NCHK” means Next Chapter (Hong Kong) Limited.

1.10

“Preferred Third Party Supplier” means Third Party Suppliers (as defined hereinbelow) selected from NCHKs current preferred list of preferred Third Party Suppliers.

1.11

“Products” means all intellectual property rights in respect of any products and/or material used or arising out of the Service(s) (as defined hereinbelow) provided by NCHK, including but not limited to concept of service(s), photos, videos and/or other products relating to the Service(s) (as defined hereinbelow).

1.12

“Purchase Price” means the purchase price for the Service(s) (as defined hereinbelow) agreed to be provided by NCHK and set out in the Agreement and the Invoice.

1.13

“Services” means the Service(s) provided by NCHK and described in the Agreement and the Invoice.

1.14

“T&C” means the terms and conditions of supply of the Services as set out in this document and any subsequent terms and conditions agreed in writing by NCHK.

1.15

“Third Party Supplier” means a person or organization that provides product or service regarding the Function(s) upon Clients’ request, including but not limited to musicians; bands; disk jockeys; entertainment providers; photographers; videographers; florists; caterers; and pastry chefs.

2.

GENERAL

2.1

Subject to Clause 2.2 hereinbelow, this T&C are applicable to all Services provided by NCHK to the Clients and forms part of the Agreement executed by the Clients and NCHK and shall supersede any other documentation or communication between parties.

2.2

No changes to the Agreement, or to any of the documents referred to in them, will be valid unless either :-

(a)

it is in writing and signed by or on behalf of each of the parties; or

(b)

it is a change to the Agreement which is reasonably requested by NCHK in order to comply with any applicable legal or safety requirements (either in Hong Kong or in other jurisdictions, as the case may be), and if such change in the reasonable opinion of NCHK requires an adjustment to the agreed Purchase Price, then the Clients and NCHK will negotiate in good faith to agree such adjustment.

2.3

This T&C shall be attached to the Agreement and signed and returned to NCHK by the Clients.

2.4

NCHK reserves the right, in its sole discretion, to change, modify, add or remove portions of this T&C from time to time and with immediate effect, and the Clients agree to be bound by such amendments, modifications or revisions. It is the Clients’ responsibility to check the T&C periodically because any changes will be binding on the Clients. By continuing to access or use the Services after those revisions become effective, the Clients agree to be legally bound by the revised T&C. In the event of any dispute of this T&C, the decision of NCHK shall be final and absolute.

2.5

Nothing in this T&C shall prejudice any condition or warranty, express or implied, or any legal remedy to which NCHK may be entitled in relation to the Services, by virtue of any provision, regulation or law.

2.6

Creative aspects such as styling are at the discretion of NCHK. NCHK will not be held liable for any production problems beyond its control, e.g. bad weather, accidents, poor acoustics/lighting, interference from guests, etc. NCHK reserves the right to terminate the Agreement at any time for any reasonable cause, e.g. accident or ill health, pursuant to Clause 7.4 hereinbelow. In this event, all monies paid will be refunded in full, excluding the deposit or payment made pursuant to Clauses 9.3(a), 9.4(a), 9.4(b)(i) and 9.4(c) hereinbelow (as the case may be) as well as fair market value for all services/products already provided. Any liability on the part of NCHK will be limited to the amount of monies paid.

2.7

NCHK will perform production tasks to the best of its ability, but accepts no responsibility for unforeseen circumstances including but not limited to equipment failure, power cuts, illnesses, inability to attend and perform services, and/or any other situation where the resulting product is less than ideal.

2.8

The Clients are considered one unit in the communication process, meaning it is assumed that any request or information provided by one of them is internally agreed upon by both. NCHK is not liable for any inconveniences that arise from actions that have not been previously discussed and/or agreed upon by the Clients.

3.

AGREEMENT

3.1

This T&C shall be attached to the Agreement.

3.2

The Agreement between NCHK and the Clients, incorporating this T&C and the Invoice, shall only come into force when NCHK confirms acceptance in writing to the Clients.

4.

SERVICES

4.1

NCHK will liaise with the Clients to confirm and agree on the details of the Service(s) to be provided in advance and NCHK is only required to perform the Service(s) as per the agreed details as set out in the Agreement, the Invoice and this T&C. The Services purchased are for the Clients’ own use only, and shall not be assigned, sold or otherwise disposed, or offered to other party.

4.2

NCHK will perform the Services for the Purchase Price in accordance with the Agreement and the Invoice.

4.3

The Services purchased are especially reserved for the Clients and cannot be changed to other Services. Any variation to the Services must be agreed by NCHK in writing.

4.4

If the Clients request any additional requirements beyond the details previously agreed, the Clients must inform NCHK forthwith, in any event no later than 1 month before the Function Date. NCHK shall have its rights to decide whether such requirements would be reasonably practicable and could be included in the Service(s). If so, NCHK shall have its rights to demand for additional reasonable charges payable by the Clients regarding such additional requirements and such additional reasonable charges shall be paid by the Clients pursuant to Clause 9.4(c) hereinbelow.

4.5

The Services shall commence and finish on the dates specified on the Agreement, i.e. the Function Dates, unless terminated according to the Agreement and this T&C.

4.6

Nothing in the Agreement between NCHK and Clients shall be construed to create an employee-employer relationship between NCHK and the Clients, and this will be a collaborative, professional relationship of equals, where mutual professional respect, courtesy and consideration are expected. NCHK is an independent contractor and not an employee of the Clients.

4.7

Should the event require it, NCHK will provide assistants in order to fulfill the Agreement. These assistants will abide by all terms of the Agreement between NCHK and Clients. The decision to use assistants is at the sole discretion of NCHK.

4.8

The Clients agree that NCHK may, at its sole discretion, assign some or all of the obligations arising out of the Agreement to trustworthy and equally experienced industry partners. The Clients are not entitled to raise claims directly to those industry partners.

4.9

NCHK will attend the Function to over-see the co-ordination of the planned Functions.

4.10

NCHK does not purchase goods or services on the Clients’ behalf. If the Clients make such a request, NCHK may, at its discretion, agrees to make such a purchase. Any such purchases will be subject to an additional charge of 10% of the value of the purchase, payable in advance by the Clients to NCHK pursuant to Clause 9.4(c) hereinbelow.

5.

THIRD PARTY SUPPLIERS MANAGEMENT

5.1

NCHK can, upon the Clients’ request, gather offers from appropriate Third Party Suppliers, according to the wishes of the Clients, for the defined fees.

5.2

The selection of the Third Party Suppliers proposed by NCHK is made by the Clients, unless otherwise agreed. Should the Clients explicitly request, the selection is to be made by NCHK. Either way but subject to Clause 5.6 hereinbelow, the contracts are to be closed directly between the Clients and the Third Party Suppliers.

5.3

NCHK will exercise reasonable care and skills in locating and recommending any Third Party Suppliers for the Clients. However, NCHK is not responsible for the conduct and/or performance of any Third Party Supplier. NCHK will prepare proposals and it will invoice the Clients. It is the Clients’ sole responsibility to hire, contract and pay all Third Party Suppliers and/or venues in a timely manner.

5.4

Third party contracts, and the performance of the Third Party Suppliers, is beyond the control of NCHK. Whilst NCHK will do everything it can to rectify any problems that may arise, NCHK cannot and will not accept responsibility for the unsatisfactory performance of a Third Party Supplier.

5.5

Where applicable, it is highly recommended that all Third Party Suppliers are to be selected from NCHKs current preferred list of Preferred Third Party Suppliers. NCHK’s Preferred Third Party Suppliers have demonstrated superior professionalism and service. NCHK’s Preferred Third Party Suppliers will provide their scope of service(s) and their defined fees in advance through NCHK to the Clients for their consideration.

5.6

By choosing to hire Preferred Third Party Suppliers, the Clients authorize NCHK to enter into contract in the terms as provided pursuant to Clause 5.5 hereinabove with the Preferred Third Party Suppliers on their behalf. Nevertheless, the Clients acknowledge that NCHK is not responsible for the conduct and/or performance of any Preferred Third Party Supplier. NCHK will invoice the Clients and it is the Clients’ sole responsibility to settle the same in a timely manner.

5.7

(a)

Should the Clients intend to hire any Third Party Suppliers not on the NCHK’s preferred list despite the recommendation at Clause 5.5 hereinabove after signing of the Agreement, all Third Party Suppliers must be reviewed and approved by NCHK prior to being hired. The Clients hereby agree that they will not hire any Third Party Suppliers unless they :-

(i)

are reviewed and approved by NCHK;

(ii)

are a licensed or registered business;

(iii)

hold liability insurance;

(iv)

have a documented history (available to the public) of positive reviews/testimonials and experience in the wedding and/or event industry;

(v)

are able to meet all requirements set out by the contracted venue.

(b)

Should the Clients hire certain Third Party Suppliers before signing the Agreement, it is the Clients’ responsibility to provide NCHK with copies of Third Party Supplier contracts for all Third Party Suppliers they contracted on their own;

(c)

It is the Clients’ responsibility to provide NCHK with contact names, telephone numbers, and scheduled timetables for all Third Party Suppliers involved in the Function within 3 (three) days after they are hired, no later than 90 days prior to the Function Day.

5.8

NCHK will not be liable for any non-observance by the Clients of any Third Party Supplier or Preferred Third Party Supplier contract terms. The Clients undertake to indemnify and hold harmless NCHK (which shall have no duty to mitigate its losses) from and against all liabilities, damages, losses, expenses and claims (including legal costs) of any nature whatsoever for damage to or loss of any property arising out of or in any way connected with the Third Party Supplier or Preferred Third Party Supplier contract which NCHK may suffer or incur arising directly or indirectly, whether or not foreseeable, from the Clients’ own acts and/or omissions.

5.9

Any fee or cost for the payment to Third Party Suppliers or Preferred Third Party Suppliers will be solely borne by the Clients. Clause 9.8 hereinbelow applies.

5.10

Any dispute with these Third Party Suppliers or Preferred Third Party Suppliers will be handled directly between the Clients and the Third Party Suppliers or the Preferred Third Party Suppliers, as the case may be.

5.11

In the event of any Third Party Supplier’s or Preferred Third Party Supplier’s cancellation prior to the Function Date, the Clients agree that NCHK may substitute a new Third Party Supplier with or without advance notice to the Clients at its discretion, and any additional costs are to be paid by the Clients.

6.

CHANGE OF FUNCTION DATE

6.1

NCHK will liaise with the Clients and all counterparts to compromise for the Function Date for providing the Service(s) in advance.

6.2

Once the Function Date has been confirmed, no change of date will be allowed except for the reasons of weather conditions, other environmental circumstances and other causes beyond NCHK’s control, including but not limited to the illnesses, inability to attend and perform civil celebrating services of the officer of the relevant authority in the relevant jurisdiction, including but not limited to the Utah County of the U.S.A. (if applicable), acts of God, strikes, equipment or transmission failure or damage. In such circumstances, NCHK will try their best endeavor to rearrange the provision of the Services within 7 working days from the original Function Date free of additional charge. However, if NCHK proposes a date for rearranging Service(s) that is within 7 working days from the original Function Date, but the Client wishes to postpone further, an additional charge of HK$3,000.00 (subject to NCHK’s final determination) is payable by the Client as administrative fee and such further postponement should not be later than 1 year from the original Function Date in any event and subject to NCHK’s availability.

6.3

If the Client intends to change the Function Date, the Client must liaise with NCHK no later than 1 month prior to the Function Date and an additional sum equivalent to 40% of the agreed Purchase Price is payable forthwith upon the confirmation of new Function Date.

7.

CANCELLATION OF SERVICES

7.1

Upon the execution of the Agreement, NCHK agrees to offer and the Clients agree to accept the Services chosen by the Clients described in the Agreement.

7.2

If the Clients decide to cancel any of the Services chosen, the Clients must inform NCHK at least 2 months prior to the Function Date and 60% of the agreed Purchase Price is still payable despite cancellation. If deposit has been paid by the Clients, NCHK shall have its absolute right to deduct such sum from the deposit and demand payment for the remaining balance of such sum if the deposit is insufficient.

7.3

If the Clients only inform NCHK of the cancellation of any of the Services chosen less than 2 months prior to the Function Date, NCHK has its absolute discretion to demand full payment of the agreed Purchase Price and forfeit all deposits.

7.4

NCHK reserves the right to terminate the Agreement in exceptional circumstances (including but not limited to ill health, bereavement or failure to agree a change in accordance with Clause 2.2(b) hereinabove), and will not be liable for any failure to perform the Services or delay in performance of the Services in the event of Force Majeure or in the unlikely event that the relationship with the Clients is rendered unworkable in the opinion of NCHK. NCHK will release all relevant information pertaining to the Services upon settlement of all unpaid Invoices issued prior to termination.

8.

APPLICATION FOR MARRIAGE LICENSE AT

OTHER JURISDICTIONS (IF APPLICABLE)

8.1

Making the Application for Marriage Licence at other jurisdictions, including but not limited to the Utah County of the U.S.A., is one of the Service(s) provided by NCHK and described in the Agreement that the Clients can subscribe.

8.2

The Clients by entering into the Agreement, authorize NCHK to be their sole representative to make the Application and in order to facilitate NCHK to make the Application, the Clients agree to execute all relevant documents and provide any information necessary for the Application.

8.3

All expenses arising out of or incidental to the Application be borne by the Clients solely and not refundable.

8.4

The Clients acknowledge that :-

(a)

NCHK is solely responsible for facilitating the Clients in making the Application upon their request;

(b)

NCHK has no guarantee as to whether the Application be successful, and all approval and processing of the Application rests on the discretion and power of the relevant authority of the relevant jurisdiction;

(c)

the policy(ies) in other jurisdiction(s) may change at any time with or without prior notice and the Application may be suspended or even terminated by the relevant authority of the relevant jurisdiction at any time before the Function Date. In that case, all monies paid by the Clients for this Service will not be refunded;

(d)

NCHK has no warranty as to the validity and recognition of the Marriage Licence issued by the authorities of other jurisdictions within the jurisdiction of Hong Kong and/or other countries.

8.5

Clause 6.2 hereinabove is applicable.

9.

PURCHASE PRICE AND PAYMENT

9.1

The Purchase Price is as specified in the Agreement and the Invoice and is inclusive of any other charges as outlined in that document.

9.2

Any additional requirements as mentioned in Clauses 4.4 and 4.10 hereinabove or changes that affect the agreed Services or Purchase Prices need to be explicitly agreed by the parties and documented in written form without delay.

9.3

Subject to Clause 9.4 hereinbelow, the terms for payment of the agreed Purchase Price by the Clients to NCHK are as follows :-

(a)

upon signing of the Agreement, a sum of HK$10,000.00 is payable as deposit; and

(b)

the remaining balance of the agreed Purchase Price shall be paid no later than 6 months before the Function Date.

9.4

(a)

For Services of Engagement Photo Shoot and Other Optional Service as described in the Agreement and the Invoice, the Clients shall fully settle the agreed Purchase Price upon signing of the Agreement;

(b)

For Services of (i) Fly-Free Wedding and (ii) Fly Free Boundless as described in the Agreement and the Invoice, the Clients shall pay the agreed Purchase Price in the following manner :-

(i)

a sum of HK$10,000.00 is payable as deposit upon signing of the Agreement; and

(ii)

the remaining balance of the agreed Purchase Price shall be paid no later than 1 month before the Function Date.

(c)

For the charges as mentioned in Clauses 4.4 and 4.10 hereinabove, the Clients shall fully settle the same upon NCHK’s presentation of the relevant Invoice;

(d)

Clause 9.3 hereinabove is not applicable to the Services mentioned in this Clause 9.4.

9.5

The Purchase Price does not cover any costs incurred by the booking of other Third Party Suppliers or Preferred Third Party Suppliers. These will be borne by the Clients and will be paid directly by them or through NCHK. Any costs incurred on behalf and on account of the Clients and paid in advance by NCHK to Third Party Suppliers or Preferred Third Party Suppliers will be invoiced to the Clients at the latest with the last payment of NCHK’s fee. The Clients will reimburse NCHK the corresponding amounts not later than 5 working days after the issue of the corresponding Invoice, which will list all payments made by NCHK on behalf of the Clients.

9.6

All payments have to be made in Hong Kong Dollars.

9.7

Upon the execution of the Agreement and the receipt of the deposit or payment mentioned in Clauses 9.3(a), 9.4(a), 9.4(b)(i) and 9.4(c) hereinabove (as the case may be), NCHK will reserve the date agreed upon and will not make reservations with another client for the same date. For this reason, the said deposit or said payment paid is non-refundable and non-transferrable, even if the date is changed or the Function cancelled for any reason, including but not limited to acts of God, fire, strike and/or extreme weather. Should the Function Date be changed pursuant to Clause 6 hereinabove, in agreement with NCHK’s availability, the deposit and all payments made will be considered towards the final Purchase Price.

9.8

In case that any payments are not made within due date, an overdue notice will be issued on the next working day, and then at 10 days’ intervals. The fee for each overdue notice amounts to HK$1,000.00. Payments not received by due date will result in work cessation. NCHK reserves the right to refuse completion or delivery of work until past due balances are paid and NCHK will not be liable if the quality of the Services is reduced. Weekly late charges of 1%, will be applied on unpaid balances every new started week.

10.

OBLIGATIONS OF NCHK

10.1

NCHK shall provide the Services as specified in the Agreement and Invoice.

10.2

NCHK shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognized codes of practice and statutory obligations (if any).

10.3

Subject to Clause 12 hereinbelow, NCHK shall comply with all regulations and statutory obligations regarding the use and storage of information relating to the Clients.

11.

CLIENTS’ RESPONSIBILITIES AND UNDERSTANDINGS

11.1

The Clients agree to co-operate fully with NCHK and to make themselves available for all necessary decision-making concerning the planning of the event.

11.2

The Clients shall provide NCHK with the true and accurate information and true copies of all documents necessary for the provision of the Service(s) in a timely manner. NCHK shall not be responsible for any issues resulting from the Clients’ failure to provide true and accurate information and/or documents.

11.3

The Clients shall promptly notify NCHK of any changes to Third Party Suppliers, schedules, locations, or other event details in a timely manner. NCHK shall not be responsible for any issues resulting from the Client’s failure to notify NCHK of any such changes.

11.4

NCHK shall professionally perform the Services and endeavor to plan and execute a successful event for the Clients. Nevertheless, the Clients understand and agree that events are fast-moving and often unpredictable, with unexpected circumstances that may arise during the course of the planning process and/or on the Function Date. NCHK cannot offer refunds following the occurrence of such circumstances.

11.5

The Clients acknowledge and agree that they are prohibited from doing any act or causing any act to be done that is illegal or contrary to any provisions, regulations or laws regarding the usage of venue being used and/or services provided by any third party during the Service(s). The Clients shall indemnify and hold harmless NCHK and its staff and/or agents from and against any and all claims, actions, damages, liabilities, costs (including legal costs) and any other expenses regardless of nature or type that arising out of and/or relating to negligence, recklessness, or willful misconduct of the Clients and/or their invitee(s) to the Service(s).

12.

PERSONAL DATA

12.1

Subject to Clause 13 hereinbelow, the parties agree to confidentiality on information acquired through the business relationship arising from the Agreement, also after the termination of the Agreement.

12.2

NCHK will require and hold only the minimum amount of personal data from the Clients for the purpose of providing Service(s) as per the Agreement and for their own accounting purposes which will be governed by the Personal Data (Privacy) Ordinance, Cap. 486. The personal data collected from the Clients is on voluntary basis.

12.3

The Clients agree that NCHK may pass personal data to potential suppliers where appropriate. NCHK will not be held responsible for the way in which these suppliers store and use the Clients’ personal data.

12.4

NCHK will be as discreet about the arrangements of the Services subscribed by the Clients as is reasonably possible. The Clients accept that total secrecy is impossible given the need for NCHK to contact potential suppliers and make arrangement on behalf of the Clients.

12.5

Subject to Clause 13.1 hereinbelow, NCHK reserves the right to use photographs in respect of the Services subscribed by the Clients and provided by NCHK for their professional portfolio and website.

13.

INTELLECTUAL PROPERTY RIGHTS

13.1

All Intellectual Property Rights in respect of any products and/or material used or arising out of the Service(s) provided by NCHK, including but not limited to concept of Service(s), styling/designed, photos, videos and/or other products relating to the Service(s) (“the Products”), shall rest on NCHK and/or any party that NCHK agrees to vest on. The Clients are not allowed to forward or sell the Products to third parties. NCHK shall have its absolute rights to decide the use of the Products, including but not limited to demonstrations/displays and marketing purpose. In case the Clients wish to demand for keeping any of the photos and/or videos which would identify the Clients’ confidential information, the Clients must inform NCHK no later than 1 month prior the Function Date, otherwise the Clients would be treated as have waived their right in doing so.

13.2

Notwithstanding Clause 13.1 hereinabove, after the Function Date and as soon as practicable, the Clients will be provided with a link (which would only be available for 3 months from the date of provision of the link) to access to review their photos and/or videos regarding the Service(s). The Clients are allowed to download and/or make copies of such photos and/or videos without prior notice to NCHK. Upon expiry of the availability of the link (i.e. 3 months), NCHK is not obliged to provide any copy and/or duplicates of the photos and/or videos despite demand by the Clients.

14.

MODEL RELEASE

14.1

The Clients agree that the photographer and videographer provide NCHK the full galleries of photos and videos in relation to the Services subscribed by the Clients and provided by NCHK.

14.2

Should the Clients decide not to hire a photographer and/or videographer, or to hire a photographer and/or videographer outside the preferred list of Preferred Third Party Suppliers provided by NCHK, NCHK reserves the right to hire its own photographer and/or videographer at its own cost, to document the Services for its own portfolio.

14.3

By entering the Agreement with NCHK, the Clients agree to the publishing of any of their photos and videos on NCHK’s and involved Preferred Third Party Suppliers’ websites, social media channels and blogs, on third-party blogs, in newspapers, magazines and television channels, for advertising purposes in perpetuity, as well as to answer event-related questions and provide feedback on their event and NCHK’s performance, when approached by event publications or other potential clients of NCHK.

14.4

Should the Clients not agree to a full model release, they can choose from the following options :-

(a)

the Clients agree to the publishing of their photos and videos on NCHK’s and involved Preferred Third Party Suppliers’ websites, social media channels and blogs, on third-party blogs, in newspapers, magazines and television channels, for advertising purposes, only after approval of the photo-video selection by the Clients. The final selection must include shots of the couple and guests;

(b)

the Clients do not agree to the publishing of any photos and videos where their identities and the identities of their guests are recognizable, but only venue, decor, attire, details and shots with the couple from behind / without faces / blurry can be used – at a surcharge of 10% of the agreed Purchase Price payable upon signing the Agreement;

(c)

the Clients do not agree to the publishing of any photos and videos of the Function – at a surcharge of 15% of the agreed Purchase Price payable upon signing the Agreement.

15.

EXCLUSION OF LIABILITY

15.1

In no event shall NCHK be responsible or liable for any damages and loss resulting from failure or delay in performance of its obligations under this T&C and Agreement in the event of Force Majeure, or arising out of or caused by, directly or indirectly, forces beyond NCHK’s control, including but not limited to equipment or transmission failure or damage beyond NCHK’s control or other causes beyond NCHK’s control.

15.2

In no event shall NCHK be responsible or liable for any damages and loss resulting from any accident occurred during or in respect of the Service(s) provided by NCHK that is arising out of or caused by, directly or indirectly, negligence, recklessness and/or willful misconduct of any third party.

15.3

NCHK shall not be held responsible for any Third Party Suppliers’ or Preferred Third Party Suppliers’ acts or omissions, its employees, officers, agents, servants or etcetera.

16.

COVID-19 OR OTHER PANDEMIC SAFE BOOKING CLAUSE

16.1

In the event of an unforeseen pandemic should occur and any government agencies recommend events to be limited in attendance, or any other recommendations which would affect the original plans of the Clients’ Function, NCHK may reschedule the Function within 12 months of the original Function Date. In this case, any change fees or penalties normally applicable with NCHK will be waived. While NCHK will make every effort to provide the Services booked in the original package regarding negotiating and rescheduling the other Third Party Suppliers or Preferred Third Party Suppliers and venue already booked, there may be additional fees in providing duplicate work already included in the Clients’ package. This will be determined and agreed upon at the time of rescheduling the Function.

17.

SEVERABILITY

17.1

If any term, provision, covenant or condition of the Agreement and/or this T&C is determined to be invalid, void, or unenforceable by any court, arbitrator or reviewing authority of competent jurisdiction, the rest of the Agreement and/or this T&C will remain in full force and effect to the extent permitted by applicable law and will in no way be affected, impaired or invalidated, provided that the intent and purpose of the parties is not materially frustrated thereby.

18.

NO THIRD PARTIES’ RIGHTS

18.1

No person other than the parties hereto has any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) or otherwise to enforce or to enjoy the benefit of any terms or conditions of the Agreement. No consent from any person other than the parties hereto will be required to rescind or vary the Agreement at any time.

19.

GOVERNING LAW & JURISDICTION

19.1

The Agreement and this T&C shall be governed and construed in accordance with the law of Hong Kong.

19.2

Any dispute or claim arising out of or in connection with the Agreement and/or this T&C and/or the services provided by NCHK shall be submitted to the exclusive jurisdiction of the Hong Kong’s courts.